49However, the conditions of affiliation to the social security schemes of the Member States, the organisation of which is within their powers, must comply with EU law and must not have the effect of excluding from the scope of national legislation, such as that at issue in the main proceedings, persons to whom that legislation applies pursuant to Regulation No 1408/71 (see, to that effect, judgments in Kits van Heijningen, C‑2/89, EU:C:1990:183, paragraph 20, and Salemink, C‑347/10, EU:C:2012:17, paragraphs 38 to 40).
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